Blog

Lawsuit Alleging Police Retaliation To Go Forward

December 15, 2016 by

The Eleventh Circuit Court of Appeals has allowed a civil rights lawsuit to go forward against an officer of the Douglasville, South Carolina Police Department.  According to a complaint filed by Officer Derrick Bailey, he was hired by the department in 2010.  Bailey had seventeen years of prior experience in law enforcement, He received positive performance reviews through his first couple of years...

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Parenting Rights After Abuse of the Child

December 4, 2016 by

A recent New Hampshire Supreme Court case dealt with when a Court can terminate parental rights after the parent is convicted of child abuse.  The mother of a very young child was found guilty by a jury of abuse. She was sentenced to 10 to 20 years in prison with three of those years suspended. Based on that conviction, the...

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Who Gets What? An Overview Of Marital Property In NH

October 28, 2016 by

One of the most contested issues in any divorce aside from issues related to minor children is the division of marital property. In New Hampshire the Court has broad discretion to determine property distribution. Generally speaking it is an uphill battle to attempt to challenge the Court’s decision on appeal and requires a showing that the Court exercised unsustainable discretion,...

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Breathalyzer

What Happens If I Refuse To Blow, Or If I Blow Over?

October 14, 2016 by

One of the most common questions people ask us is, “what happens if I refuse to blow when a police officer who is investigating a possible DWI asks me?” The short answer is, you will likely lose your privilege to drive regardless of the outcome of the DWI charge in Court. Every State has some version of an implied consent...

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Sentenced to No Contact with Your Child?

October 4, 2016 by

In 2012 Christopher Long kidnapped the victim, who was pregnant at the time and soon thereafter gave birth to their child.  Mr. Long pled guilty and was sentenced to years in prison.  He also received several suspended prison sentences.  A suspended sentence means that the defendant is given a prison sentence but will not have to serve it unless he violates...

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When Is a Prosecutor Required to Gather Evidence?

Prosecutor Not Required to Gather Evidence for the Defendant

September 15, 2016 by

Michael Lewandowski is charged with aggravated felonious sexual assault.  Before his trial, the judge issued an order that the prosecutor’s office must obtain and preserve all of the victim’s cell phone records, and then deliver those records to the judge for a private review. If the judge determined that any of these records were helpful to the defendant he would turn...

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Two Wrongs Sometimes Makes a Right

September 2, 2016 by

Under NH law an innocent party may request a divorce decree based on the fault of another party for certain enumerated causes. If a fault based divorce is granted it can result in a distribution of assets that favors the innocent spouse. The most common cause of a fault divorce is adultery that is defined as voluntary sexual intercourse between...

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Federal Court Reverses Child Porn Conviction After Illegal Search of AOL Account

August 14, 2016 by

The defendant, Walter Ackerman, sent an e-mail from his AOL account.  Turns out, AOL has an automatic file detection program that searches attachments to see if they are suspicious for child pornography. This program tagged Ackerman’s e-mail and automatically sent a report including the e-mail and its attachments to the National Center for Missing and Exploited Children (NCMEC).  This is the organization tightly...

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They Didn’t Read Me My Rights!

August 2, 2016 by

One of the complaints we hear most frequently from criminal clients is that the arresting officer didn’t read the client his rights. What does this mean and why does it matter? Generally speaking a citizen has a right against self-incrimination. This is protected by the Fifth Amendment to the United States Constitution and Part I, Article 15 of the NH...

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Double Jeopardy and Puerto Rico

July 14, 2016 by

Most people are familiar with the concept of double jeopardy, which means that a person can’t be tried twice for the same offense.  What many people don’t realize, however, is that double jeopardy does not apply to separate prosecutions from two different, sovereign jurisdictions. For example, in the case of Heath v. Alabama, a husband hired a hit man to kill his wife....

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